Private Company, Big Sea Trading LLC, has written to the Attorney General communicating its decision to refund € 2 million to the state.
This will effectively result in an end to the prosecution of Minority Leader, Dr Ato Forson, former director of the Ministry of Health, Sylvester Anemana and businessman Richard Jakpa.
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The three are standing trial for their roles in the purchase of ambulances for the state.
The Attorney General contends the state has lost €2.37 million due to the purchase of the ambulances which turned out to be defective.
All three persons have pleaded not guilty with the court already directing that they open their defence as the minimum threshold required for them to answer to the case against them has been met.
Big Sea is the company government purchased ambulances from.
Richard Jakpa is said to have acted as an agent of the company.
The company says the ongoing trial presents significant risks to its reputation, hence the offer. It adds that it wants to preserve its relationship with Ghana in order to advance its business interest.
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Section 35 of the Courts Act 1993 (Act 459) allows a person standing trial on charges bothering on economic loss to the state to admit to the offence and offer compensation.
Where such an offer is accepted by the prosecution and deemed satisfactory by the court, a guilty plea is entered for the accused and instead of imposition of custodial sentence, an order is made for the payment to be made.
It is not clear if the offer is being made under this law.
This is because the company wants to pay €500,000 upfront with the remaining €1.5m to be paid within six months. The state is being asked to release the 30 ambulances to the company and discontinue the case against the accused persons.
JoyNews understands the Attorney General’s Office has rejected the offer by Big Sea.
Sources close to the ongoing negotiations explain that this is because the AG holds the view that Big Sea is not one of the accused persons standing trial. It cannot, therefore, make such a request.
Lawyers for the businessman, Richard Jakpa, are, however, said to have written to AG to explain that Big Sea made the offer to him (Mr Jakpa).
The lawyers explain that Mr. Jakpa was, therefore, forwarding the said proposal for the Attorney General’s consideration.
They add that they have fully adopted the said proposal and have also brought it to the attention of the other accused persons asking them to confirm their support for the settlement process.
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